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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ACE AMERICAN INSURANCE COMPANY v. EATON ELECTRICAL, INC.

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
3:11-cv-01741- Search Pacer
ACE Group party(s): 
Opposing Party: 
ACE American Insurance Company
Court Type: 
Federal
US District Court: 
Connecticut District Court
Date Filed: 
Nov 9 2011

"COUNT I - STRICT PRODUCT LIABILITY

14. ACE incorporates the paragraphs I -13 as if fully set forth herein.

15. Defendant is a product seller, as defined by the Connecticut Product Liability Act, Conn. Gen. Stat. §52-572m, etseq. ("the Act") engaged in the business of designing, manufacturing, assembling, fabricating, selling products including, but not limited to, the Meter Pan.

16. The Meter Pan was a product and it was defective and unreasonably dangerous.

17. The defect in the Meter Pan existed at the time Eaton placed the Meter Pan into the stream of commerce.

18. The Meter Pan was expected to, and did, reach Omega without substantial change in its condition from the time that Eaton placed it into the stream of commerce.

19. The Fire that destroyed the Subject Property was the direct and proximate result of the defect in the Meter Pan.

20. Eaton is legally responsible and strictly liable for the losses suffered by ACE in one or more of the following ways:
A. Designing, fabricating, manufacturing, assembling, selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan in a condition that Defendant knew, or should have known, presented an unreasonably dangerous condition;
B. Designing, fabricating, manufacturing, assembling, selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan in a condition that was not merchantable or fit for the purpose for which such products are ordinarily and foreseeably used;
C. Failing to design, fabricate, manufacture, assemble, sell, distribute, and the Meter Pan so that foreseeable failures of the Meter Pan would not present a fire hazard;
D. Negligently designing, fabricating, manufacturing, assembling, selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan;
E. Failing to properly and adequately test and/or inspect the Meter Pan, prior to selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan;
F. Breaching the implied warranty of merchantability in that the Meter Pan, was not fit for its particular intended purpose and was not of fair average quality;
G. Breaching the implied warranty of fitness for a particular purpose in that the Meter Pan, was not fit for its particular intended purpose
H. Upon information and belief, breaching express warranties by affirmation promise and description in that the Meter Pan was defective and not as described or promised
I. Breaching the implied warranty against defects in material and workmanship in that the Meter Pan, was defective and malfunctioned during, ordinary and foreseeable use; and
J. Otherwise failing to act with due care under the circumstances.

WHEREFORE, Plaintiff, ACE American Insurance Company, demands judgment against Defendant, Eaton Electrical, Inc., in the amount of $777,376.74, together with interest and the costs of this action, and such other relief as deemed just and proper under the law Dated: November ?, 2011"

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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